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Boa 95 pmu870 The hour of 9:05 a.m. having passed, the Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Art Ferguson, 3100 62nd Avenue, advised that because his brother is somewhat incapacitated, due to a bad back problem, they were trying to get him to live next to them by building a second residence on their property. He felt it would not hurt the area too much. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Commissioner Adams pointed out that the Fergusons had letters of support from their neighbors. In response to Commissioner Adams' inquiry, Director Boling presented the regulations concerning lot splits and explained that an accessory dwelling unit provision would permit a structure of only 750 square feet. Mr. Ferguson felt that was too small to house his brother. Chairman Macht agreed that 750 square feet was too small, understood the application of the law, but wondered if there was any way to help the Fergusons. Director Boling pointed out that granting the request would constitute a precedent and his department faces requests of this nature frequently. Commissioner Adams was sympathetic to staff's concern about precedent, but she had a hard time denying the request. Commissioner Adams MOVED to grant the variance. MOTION DIED FOR LACK OF A SECOND. Commissioner Eggert and Commissioner Bird were sympathetic, but expressed concerns about approving a request which staff had recommended be denied. County Attorney Vitunac advised that if the Board did not enforce the ordinance in this clear case, where the applicants have not met even one of the four criteria, then the Board would have said, in effect, that the law is no longer enforceable in this county. 22 August S, 1995 _I